Saturday, February 16, 2013

Many changes were made to the Unofficial Problem Bank List this week with a failure and the OCC releasing its enforcement action through mid-January 2013. In all, there were 10 removals and three additions that leave the list at 812 institutions with assets of $303 billion. A year ago, the list held 956 institutions with assets of $389.6 billion.

The other removal was the failed Covenant Bank, Chicago, IL ($60 million), which was the third failure this year. Covenant Bank was quite costly to shutter as the FDIC cost estimate is $21.8 million or about 37 percent of the failed bank's assets. The last failure in Chicago, Second Federal Savings and Loan Association of Chicago, in July 2012, was also quite expensive with an estimated cost of 40.3 percent of assets. Excluding Washington Mutual, failure costs have averaged an estimated 24.8 percent of failed assets for the 467 closings since 2008. Prior to the crisis, resolution costs were around 12 percent. Thus, the losses in this crisis are well above historical experience, which suggests the banking regulators did not effectively curb risk taking before the bursting of the bubble and that insolvent institutions have not been closed in a timely manner.

Late in the day on Friday, eyes were focused on New Mexico to see if the state banking department would declare Sunrise Bank of Albuquerque, Albuquerque, NM ($52 million) insolvent as it needed a $1 million capital infusion by 5:30 p.m. According to a media report by SNL Securities, Sunrise's parent, Capitol Bancorp, asked a federal bankruptcy judge to approve a secured loan from unnamed investors that could be used to recapitalize the bank. Capitol Bancorp controls 11 banks on the Unofficial Problem Bank List, of which eight also operating under a Prompt Corrective Action order. In its filing, Capitol Bancorp intimated that a failure of its New Mexico unit would have dire consequences as it could trigger a cross guaranty liability of more than $10 million the FDIC could assess across the other controlled bank units, which could lead to a collapse of the entire company. Capitol Bancorp has agreed to sell its New Mexico bank to Westar Bancorp, but the buyer has not been able to secure the necessary regulatory approvals to consummate the transaction. The FDIC has provided Capitol Bancorp much latitude by issuing at least 16 cross guaranty liability waivers to previously controlled banking units the company has sold as part of its recapitalization efforts. As of 11 p.m. east coast, it has been radio silence as there is no update if the capital made it to the New Mexico unit or if the deadline has been extended. We will continue to monitor and provide updates on Capitol Bancorp. Should a unit fail and if the cross guaranty liability is applied, it could make for a busy night for the FDIC as it is unlikely the units would be purchased by a single buyer given their size and geographic dispersion.